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TW: rape, attempted rape, sexual assault, acquittal
Since I'm a legal researcher currently looking at Scotland's frankly alarming state of affairs for complainers in jury rape cases, I thought I'd give those of you who find yourselves asking 'why didn't she report?' a lesson.
Since I'm a legal researcher currently looking at Scotland's frankly alarming state of affairs for complainers in jury rape cases, I thought I'd give those of you who find yourselves asking 'why didn't she report?' a lesson.
Firstly: misguided, biased, and discriminatory views about complainers* in rape cases are commonplace and are called Rape Myths (so called because they are usually untrue and unfounded). RMs you may be familiar with are:
*complainer = the term for rape victim in Scotland.
*complainer = the term for rape victim in Scotland.
- she didn't report it soon enough, therefore it's false;
- she must have enticed him or provoked him;
- she was wearing X item of clothing, therefore she wanted it:
- "she was asking for it"
- she doesn't look distressed, therefore she's lying.
And so on.
- she must have enticed him or provoked him;
- she was wearing X item of clothing, therefore she wanted it:
- "she was asking for it"
- she doesn't look distressed, therefore she's lying.
And so on.
Now, I have spent several days poring over big statistical reports from the Scottish Government - the most recently-available statistics can be found in the National Statistics Publications: Recorded Crime in Scotland 2018-19 and Criminal Proceedings in Scotland 2018-19.
Both of these publications are readily available online for free and are available in a variety of accessible formats, should you wish to read them yourself or in the off-chance that you doubt what I'm saying regarding Scotland's rape statistics.
So, in 2018-19 13,547 sexual crimes were reported to the police in Scotland.
Of this number, 1,762 were proceeded against - meaning they made it to a court and a jury.
That's a proceeding rate of 13%. 13% of all recorded sexual crimes actually reach a courtroom.
Of this number, 1,762 were proceeded against - meaning they made it to a court and a jury.
That's a proceeding rate of 13%. 13% of all recorded sexual crimes actually reach a courtroom.
Specifically where cases of rape and attempted rape are concerned:
2,426 cases were recorded by police. 324 people were proceeded against.
That, again, is a proceeding rate of 13%. 13% of rapes & attempted rapes reach a courtroom after being reported to the police.
2,426 cases were recorded by police. 324 people were proceeded against.
That, again, is a proceeding rate of 13%. 13% of rapes & attempted rapes reach a courtroom after being reported to the police.
Why such a high rate of attrition?
Well, in 2017 the Inspectorate for Prosecutions in Scotland investigated the prosecution of sexual crimes. The IPS raised big concerns about the high rate of attrition and the low rate of conviction (which we'll come to later).
Well, in 2017 the Inspectorate for Prosecutions in Scotland investigated the prosecution of sexual crimes. The IPS raised big concerns about the high rate of attrition and the low rate of conviction (which we'll come to later).
The IPS noted that a high number of victims disengage with the justice system during the process between reporting and reaching court. Many reasons were evidenced for this:
- In 45% of cases, the pre-petition investigation took more than 10 months to complete;
- In 45% of cases, the pre-petition investigation took more than 10 months to complete;
- In 47% of cases, the standard of communication fell below the 'expected standard' for victims;
- The use of legal terms creates a feeling of separation for victims and witnesses;
- The justice system places an ONUS on victims to:
*seek updates,
*decide about special measures,
- The use of legal terms creates a feeling of separation for victims and witnesses;
- The justice system places an ONUS on victims to:
*seek updates,
*decide about special measures,
*find appropriate support,
*deal with shifts/uncertainties in scheduling, and
*to narrate what happened to them in an environment where they have no control.
In short - the system often leaves victims with no support or communication and places too much responsibility on them.
*deal with shifts/uncertainties in scheduling, and
*to narrate what happened to them in an environment where they have no control.
In short - the system often leaves victims with no support or communication and places too much responsibility on them.
Now, when those 324 cases actually (miraculously) make it through that process - between reporting and a courtroom, in front of a jury - again, we face massive concerns in statistics.
Of those 324 people, 152 were convicted (47%). Less than half.
Of those 324 people, 152 were convicted (47%). Less than half.
To put this into perspective:
The overall conviction rate for all crime in Scotland is 87%.
The conviction rate for homicide, the other High Court-exclusive crime other than rape, is 81%.
Rape and attempted rape, for 10 years, have had the lowest conviction rate of any crime.
The overall conviction rate for all crime in Scotland is 87%.
The conviction rate for homicide, the other High Court-exclusive crime other than rape, is 81%.
Rape and attempted rape, for 10 years, have had the lowest conviction rate of any crime.
The highest that the conviction rate has ever been in Scotland for cases of rape and attempted rape is 56% - just over half.
It's also worth noting that the only aggravating factors recorded against these charges were domestic abuse-related.
It's also worth noting that the only aggravating factors recorded against these charges were domestic abuse-related.
From 2,426 rapes recorded by the police to 152 people convicted of rape. Nobody can look at a system that creates those figures and not see that something has gone wrong. The system is failing rape victims.
I chose not to report my own assault and abuse. What began the healing process for me was using my skills as a law student, and now a law graduate and researcher, to try and make the system better for other victims. To raise awareness of how scary the outlook is right now.
Read this thread, share it if you like. But above all - take it on board. The system is broken and it's up to all of us to fight hard and fix it.
